The text
Footnotes:
--- (1) --- Charter reference— Harbor commission, § 908.
Cross reference— Parks and recreation, ch. 18; streets, sidewalks and other public places, ch. 25; zoning, ch. 28; setback of individual sewage disposal facilities from bodies of water, § 28-145; performance standards for commercial and industrial uses in the waterfront for manufacturing zoning, § 28-155.
State Law reference— Waters and navigation, G.L. 1956, title 46; regulation of boats, G.L. 1956, § 46-22-1 et seq.; local regulation of boats, G.L. 1956, § 46-22-14.
ARTICLE I. - IN GENERAL#
Sec. 8-1. - Purpose of chapter.#
The purpose of this chapter is to: (1)
Manage the waters of the town and balance the diverse uses of the waters and waterfront;
(2)
Maintain and improve shoreline public access and water quality;
(3)
Continue to support opportunities for commercial fishing and recreational boating; and
(4)
Remain consistent with the goals and policies of the town harbor management plan, the town comprehensive plan, the state coastal resources management program, the state department of environmental management, and the U.S. Army Corps of Engineers.
(Code 1972, § 5.1-1; Ord. No. 2001-38, 12-12-01)
Sec. 8-2. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Anchoring means to secure a vessel temporarily to the bottom of a waterbody by dropping an anchor or other ground tackle from a vessel.
Boat launching ramp means any manmade or natural facility used for the launching and retrieval of boats. (article 300.4, state coastal resources management program)
Channel means any water areas reserved for unobstructed movement of vessels.
Commercial fisherman means an active, full-time fisherman with a current commercial license and a working commercial vessel.
Commercial marine business owner means an active, full-time marine business owner with a current marine business certificate/license issued by the State of Rhode Island whose dock slip and/or mooring are used directly for company marine related activities.
Commercial means any organization or business entity which does not meet the definition of the word "resident."
Fairway means any locally designated and/or maintained water areas reserved from unobstructed movement of vessels.
Harbor commission means the body, the members of which are appointed by the town council, established to carry out the provisions of this chapter and to bear the responsibility of advising the town council and town administrator on harbor and waterfront management, according to the policies set forth in the harbor management plan. See section 908 of the Town Charter.
Harbor department means the body, the members of which are appointed by the town council and report to the town administrator, the function of which is to coordinate and administer all activities taking place in the harbors and waterways contiguous to the coastal shoreline of the Town of Bristol. See section 803 of the Town Charter.
Harbormaster means that person appointed by the town council.
Marina means any dock, pier, wharf, float, floating businesses, or combination of such facilities, that service five or more recreational boats as a commercial enterprise or in association with a club. (article 300.4, state coastal resources management program)
Mean high water (MHW) means the average height of the high waters over a 19-year period.
Moor means to permanently secure a vessel to the bottom of a waterbody by the use of mooring tackle.
Mooring means that location within a waterbody duly permitted by the town and registered to the applicant.
Mooring tackle means all hardware used to secure a vessel at a mooring.
Nonprofit sailing school means any Bristol-based nonprofit organization dedicated to providing education and instruction about sailing.
Nonresident means any individual which does not meet the definition of the word "resident."
Nonwater dependent use means those activities which are not dependent upon the waterfront for continued use (e.g. restaurants and residential development).
Nonwater related use means those activities which are in no way dependent upon or even related to the waterfront for its continued use.
Private mooring means a mooring for the mooring owner's personal boat. The mooring owner must own 50 percent or greater of the boat which would be placed on the mooring. The owner must provide documentation to the harbormaster to ensure true ownership and residency. (Examples of documentation include drivers license and boat registration).
Qualified inspector means any person or business approved as an inspector of mooring tackle by the harbor commission.
Recreational boating facility means marinas, launching ramps, residential boating facilities, recreational wharves, piers and slips, floats or floating docks, and recreational mooring areas. (article 300.4, state coastal resources management program)
Resident means any permanent, full-time individual inhabitant of the town. Proof of residency is required at the request of the harbormaster. A post office box is not a legal address for this purpose.
Right-of-way means an unobstructed path or corridor from a public thoroughfare or facility leading to or along the waters of the town and shoreline areas below the mean high-water mark.
Shellfish transplant area means as defined by the state DEM, fish and wildlife.
Vessel means every description of watercraft, used or capable of being used as a means of transportation on water. (Specifically excluded by this definition are floating homes.)
Water dependent use means those waterfront activities, solely dependent upon the waterfront for their continued use (e.g. commercial fishing, marinas and boat building).
(Code 1972, § 5.1-2; Ord. No. 2001-38, 12-12-01; Ord. No. 2011-20, 11-30-11; Ord. No. 2017-06, 6-7-17)
Cross reference— Definitions generally, § 1-2.
Sec. 8-3. - Penalties for violation of chapter.#
The town council herein establishes penalties for boating violations, consistent with state law, based upon the recommendation of the harbor commission.
Every owner, master, or person in charge of any vessel who shall neglect or refuse to obey the direction of the harbormaster or an assistant harbormaster, or violates any rule or regulation promulgated under G.L. 1956 §§ 46-4-1 et seq. or 46-22-1 et seq., not specifically set forth in Rhode Island Department of Environmental Management's penalty schedule shall be subject to a fine under this chapter of $100.00.
Penalty Schedule
for Boating Violations Offense Fine
Vessel registration: RIGL 46-22-3
Unregistered Violation. Up to $100.00
Numbers not displayed Violation. Up to $100.00
Possession of a vessel with the hull ID number altered, removed, or destroyed Up to $500.00
Vessel operation:
Excessive speed or wake: RIGL 46-22-9.5
Up to 10 miles $ 25.00
11 miles to 15 miles 50.00
16 miles to 20 miles 75.00
21 miles to 25 miles 100.00
Over 25 miles, per mile 5.00
Improper operation in swimming area or restricted area RIGL 46-22-9 Up to $1,000.00
Operation in a reckless manner RIGL 46-22-9 Up to $1,000.00
Refusal to stop when ordered RIGL 46-22-9 Up to $1,000.00
Inadequate boat personnel Up to $200.00
Underaged boat personnel Up to $200.00
Failure to use personal floatation devices Up to $200.00
Operation outside time limits Up to $200.00
Any other personal watercraft offense of RIGL 46-27-2 not specified herein Up to $500.00
Interference with other vessel Up to $100.00
Caused an accident Up to $100.00
Failure to submit accident report Up to $100.00
Interference in SCUBA diving area Up to $100.00
Vessel equipment:
Improper light installation Up to $100.00
Improper use of lights Up to $100.00
Improper sound producing appliance Up to $100.00
Improper personal flotation devices Up to $100.00
Improper personal flotation devices for children under 10 Up to $100.00
Improper fire extinguisher Up to $100.00
Improper muffling device Up to $100.00
Miscellaneous:
Unmarked SCUBA area Up to $100.00
Unauthorized racing/regatta Up to $100.00
Unauthorized docking/mooring Up to $100.00
Failure to render assistance Up to $100.00
Obstruction of right-of-way Up to $100.00
(Code 1972, § 5.1-5(c); Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09; Ord. No. 2011-20, 11-30-11; Ord. No. 2017-13, 10-4-17)
Sec. 8-4. - Enforcement.#
(a)
Harbormaster and harbor patrol. A harbormaster and harbor patrol shall enforce this chapter as follows:
(1)
The town council shall appoint a harbormaster and assistant harbormasters as authorized by and with the duties set forth in G.L. 1956, § 46-4-1 et seq.
(2)
A harbor patrol, made up of the harbormaster, appointed for a term of three years commencing January 1, 2018, and assistants appointed annually by the town council, shall patrol the waters under its jurisdiction. The harbor patrol shall come under the direction and control of the harbormaster.
(3)
All harbor patrol boat crew members must qualify in boat handling and water safety in a manner and degree satisfactory to the harbormaster.
(4)
The harbormaster and assistant harbormasters of the town are authorized to make arrests and to take other steps to enforce the provisions of this chapter and, in the exercise thereof, shall have the authority to stop and board any vessel within the water subject to the jurisdiction of the town pursuant to G.L. 1956, § 46-22-17.
(5)
Any patrol boat used for the service of the town shall keep a log in a manner satisfactory to the harbormaster. Such log shall indicate the date, time and service, weather conditions, wind conditions, area patrolled at one-half hour intervals, gas consumption and a description of occurrences, incidences and other confrontations.
(6)
All regulations relating to the town's boating regulation program shall be maintained by the offices of the town administrator and town clerk, and all violations shall be processed by the harbor patrol in accordance with provisions of law applicable thereto.
(7)
The harbormaster shall appoint a lieutenant who shall take charge in the absence of the harbormaster and shall perform such other duties as delegated by the harbormaster.
(8)
When on active duty, members of the harbor patrol authorized by the harbormaster, shall have the right to bear firearms while in full uniform, in accordance with the ordinances of the town or laws of the state or the United States.
(b)
Enforcement of operation and equipping of vessels. The state law provisions concerning operation and equipping of vessels shall be adopted as follows:
(1)
The town council adopts all of the provisions of G.L. 1956, § 46-22-1 et seq., relating to the operation and equipment of vessels and motorboats within the water subject to the jurisdiction of the town.
(2)
The town council adopts all of the provisions of G.L. 1956, § 46-27-1 et seq., relating to the operation of personal watercrafts.
(c)
Hours of operation. The harbor department shall be staffed as determined by the harbormaster in consultation with the town administrator.
(Code 1972, § 5.1-5; Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09; Ord. No. 2011-20, 11-30-11; Ord. No. 2014-01, 3-5-14; Ord. No. 2017-11, 8-23-17)
Sec. 8-5. - Areas under jurisdiction.#
The coastal waters and harbor areas of the town included under the jurisdiction of this chapter include those waters within Bristol harbor and the Bristol Shoreline to the inshore bounds of the federal channel starting at the northwesterly bound of the Warren-Bristol line, southerly around Poppasquash Point, southeasterly to the Mount Hope Bridge, excluding the waters adjacent to Hog Island which are in the Town of Portsmouth, and northerly to the northeasterly point of the Bristol/Warren line.
(Code 1972, § 5.1-3; Ord. No. 2001-38, 12-12-01)
Sec. 8-6. - Deposit of revenue into general fund.#
All revenue generated by town boat launching fees, mooring permit fees, qualified mooring inspectors, other fees of this chapter, and fines levied under the authority of this chapter shall be deposited into the general revenue fund of the town for general purposes of the town, including the management and implementation of the town harbor management plan and this chapter.
(Code 1972, § 5.1-8; Ord. No. 2001-38, 12-12-01)
Sec. 8-7. - Liability.#
Persons using the coastal waters and harbor areas of the town shall assume all risk of personal injury and damage or loss to their property. The town assumes no risk on account of accident, fire, theft, vandalism or acts of God.
(Code 1972, § 5.1-9; Ord. No. 2001-38, 12-12-01)
Sec. 8-8. - Informal procedure for payment of boating violation fines.#
(a)
Payment without personal appearance. Any member of the Bristol Harbor Patrol and any other duly authorized enforcement officer who charges any person with an offense as set forth in this chapter, in addition to issuing a summons for the offense, shall provide the offending operator with a form which will allow the offender to dispose of the charge without the necessity of personally appearing before the municipal court, provided that any operator who has been guilty of a third or subsequent boating violation within 12 months of the first offense must appear before the municipal court on the date specified on the summons, and may not dispose of the third or subsequent offense administratively. This section shall apply to both resident and nonresident operators.
(b)
Method of payment. If the offending operator elects to dispose of the charge without personally appearing before the municipal court, he or she shall execute the form indicated and return it to the municipal court not later than 20 days from the date of the summons either by mailing or delivering the form and summons to the municipal court clerk or the clerk's designee with a check or money order in the amount indicated by the fine schedule on the form.
(c)
Schedule of violations. Those violations set forth in § 8-3 of this chapter may be handled administratively through the method described in this section, provided however that this list is not exclusive and jurisdiction may be conferred on the municipal court with regard to other violations consistent with the Rhode Island General Laws, and these ordinances.
(d)
Failure to answer. In the event an operator fails to answer within 20 days, then he or she shall have waived his or her right to dispose of the offense without personal appearance, and the person charged with such violation must appear before the municipal court on the date specified on the summons.
(e)
Adjudication. Adjudication of boating violations contained in this chapter shall be in the same manner as for cases involving motor vehicle violations as set forth in section 2-215 of these ordinances.
(Ord. No. 2001-38, 12-12-01)
Sec. 8-9. - Qualifications and requirements of harbor department personnel.#
(a)
Harbormaster. The qualifications and requirements of the harbormaster are defined in the job description which has been generated by the Bristol Personnel Board, approved by the town council and filed with the office of town administrator.
(b)
Assistant harbormasters and auxiliary harbormasters.
(1)
All applicants for appointment to assistant harbormaster or auxiliary harbormaster shall be interviewed and evaluated by a screening board of superior officers who shall rate all applicants and shall list them in the numerical order of standing and then be presented to the town council for appointment based on this evaluation.
(2)
A member must be a resident of the town and must never have been convicted of a crime involving moral turpitude.
(3)
A member, at the member's expense, must successfully pass a physical examination.
(4)
A member must be a high school graduate or its equivalent and shall be tested for educational background.
(5)
All members must attend and successfully complete training to the standards of the Rhode Island Harbormasters Academy.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2011-20, 11-30-11)
Editor's note— Ord. No. 2011-20, adopted Nov. 30, 2011, amended § 8-9 title to read as herein set out. Former § 8-9 title pertained to qualifications and requirements of assistant harbormasters.
Secs. 8-10—8-40. - Reserved.#
ARTICLE II. - HARBOR REGULATIONS#
Sec. 8-41. - Vessel speed zones.#
The town hereby designates the following vessel speed zones, to be established and marked immediately by town council petition to the state department of environment management, division of enforcement: (1)
Navigation fairways. Vessel speed shall not exceed five miles per hour, nor create wake in any navigation fairway, as established and described in this article and in the harbor management plan.
(2)
Mooring fields. Vessel speed shall not exceed five miles per hour, nor create wake in any mooring field, as established and described in the harbor management plan.
(3)
Dock areas. Vessel speed shall not exceed five miles per hour, nor create wake in any dock areas, as established and described in the harbor management plan.
(Code 1972, § 5.1-4(a); Ord. No. 2001-38, 12-12-01)
Sec. 8-42. - Vessel operations.#
Vessels used alone or engaged in activities including, but not limited to, water skiing, jet skiing, paragliding, and other like uses are not allowed within 200 feet of any swimming area, mooring area, shoreside facility, rights-of-way ingress and egress point, launching ramp or navigation fairway. Vessels used in these manners are allowed within 200 feet of shoreside facilities when the sole purpose is to begin or end such activity.
(Code 1972, § 5.1-4(b); Ord. No. 2001-38, 12-12-01)
Sec. 8-43. - Navigation fairways, regulatory buoys and aids to navigation.#
(a)
Navigation fairways. The following designated navigation fairways have been approved by the U.S. Coast Guard and shall be maintained by the harbor department.
(1)
Bristol Harbor—East;
(2)
Bristol Harbor—West; and
(3)
Kickemuit River.
(b)
Regulatory buoys. Regulatory buoys shall be defined by the harbor department and be submitted to the U.S. Coast Guard for approval. The harbor department shall also submit proper notification to the department of environmental management and coastal resources management council and submit the proper registration documents to the Rhode Island Secretary of State. The harbor department shall maintain these regulatory buoys.
(c)
Aids to navigation. Aids to navigation shall be defined by the harbor department and be submitted to the U.S. Coast Guard for approval. Except for any federally maintained aid to navigation, the harbor department shall maintain these aids to navigation.
(Code 1972, § 5.1-4(c); Ord. No. 2001-38, 12-12-01; Ord. No. 2011-20, 11-30-11)
Editor's note— Ord. No. 2011-20, adopted Nov. 30, 2011, amended § 8-43 title to read as herein set out. Former § 8-43 pertained to navigation fairways.
Sec. 8-44. - Obstruction of channels, fairways and berthing spaces.#
No vessel shall be moored or anchored so as to interfere with the free and unobstructed use of channels, fairways or berthing spaces within the areas under town jurisdiction as detailed in section 8-5.
(Code 1972, § 5.1-4(d); Ord. No. 2001-38, 12-12-01)
Sec. 8-45. - Swimming and waterskiing.#
Swimming is prohibited in all navigation fairways, town dock areas and launching areas. In mooring fields and transient anchorage areas swimming is prohibited, with the exception of vessel owners or crews or persons contracted to do maintenance on the boat or its mooring tackle within a reasonable distance of said boat. Waterskiing shall be prohibited in all designated channels, fairways and mooring areas.
(Code 1972, § 5.1-4(e); Ord. No. 2001-38, 12-12-01; Ord. No. 2005-03, 2-2-05)
Sec. 8-46. - Fishing and placement of fishing gear.#
(a)
The placement of fish nets are prohibited in all navigation fairways and mooring fields.
(b)
Fishing is prohibited on Rockwell Dock and on the finger piers of Church Street Dock.
(Code 1972, § 5.1-4(f); Ord. No. 2001-38, 12-12-01)
Sec. 8-47. - Boat sewage waste no discharge zone.#
The disposal of untreated boat sewage wastes by any means into the coastal waters of the town is prohibited.
No person shall operate a marine sanitation device at any time so as to create or permit to pass or to be discharged any sewage into the waters of the town. Penalty for violation of this section shall be a fine of $500.00 for the first offense. The second offense will result in a fine of $1,000.00 and forfeiture of all mooring permits and/or dock slips in the name of the offender.
(Code 1972, § 5.1-4(g); Ord. No. 2001-38, 12-12-01)
Sec. 8-48. - Marine debris.#
The discharge of any waste, garbage, plastic, cardboard, chemicals, refuse, petroleum product or byproduct, paint varnish, dead animals, fish, bait or any other debris into the coastal waters of the town is prohibited.
(Code 1972, § 5.1-4(h); Ord. No. 2001-38, 12-12-01)
Sec. 8-49. - Towing and moving of vessels.#
If any vessel berthed, moored, or anchored in the coastal waters of the town is found to be in violation of any provision of this article, the harbormaster is directed to move, relocate or tow such vessel. In addition to any fines such violation may incur, a fee of $50.00 shall be collected from the vessel owner for such harbormaster action. This fee shall be set by the town council, upon recommendation from the harbor commission.
(Code 1972, § 5.1-4(i); Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09)
Sec. 8-50. - Rafting.#
Vessels may raft on a single mooring when such activity does not interfere with the proper functioning of adjacent single moorings or vessel anchorages. Vessels at raft shall have a person aged 16 years or older on boat at all times.
(Code 1972, § 5.1-4(j); Ord. No. 2001-38, 12-12-01)
Sec. 8-51. - Abandoned vessels, structures and moorings.#
(a)
Upon determination of the harbormaster, the harbormaster may take custody and control of abandoned vessels, structures and moorings located in the coastal waters and harbor areas of the town and remove, store or otherwise dispose of such vessel, structure or mooring at the expense and sole risk of the owner of the abandoned vessel or structure. Reasonable notice of such removal, storage, or disposal shall be publicly advertised.
(b)
The harbormaster shall assume all of the duties and powers of the commissioner of wrecks and shipwrecked goods as detailed in the G.L. 1956, § 46-10-1 et seq.
(Code 1972, § 5.1-4(k); Ord. No. 2001-38, 12-12-01)
Sec. 8-52. - Special events.#
The harbormaster, shall be notified in writing of certain special events, such as swimming races, regattas, marine parades, or other marine and maritime activities that may from time to time be held on or in the coastal waters and harbor areas under the jurisdiction of the town.
(Code 1972, § 5.1-4(l); Ord. No. 2001-38, 12-12-01)
Sec. 8-53. - Boat standards.#
Every vessel entering the coastal waters and harbor areas of the town shall be equipped as required by G.L. 1956, § 46-22-1 et seq. and all similar federal laws, rules and regulations. Consistent with G.L. 1956, § 46-22-1 et seq., the harbormaster shall have the authority to enforce all provisions of G.L. 1956, § 46-22-1 et seq.
(Code 1972, § 5.1-4(m); Ord. No. 2001-38, 12-12-01)
Sec. 8-54. - Rights-of-way to the water.#
(a)
No person shall block, barricade or in any way impede the public use of or access to designated public rights-of-way to the water as defined by the coastal resources management council or the town.
(b)
No person shall park or store a vessel, vehicle or structure on a designated public right-of-way to the water as defined by the coastal resources management council or the town.
(c)
Any person in violation of this section shall be subject to a fine in accordance with section 8-3 of this chapter.
(Code 1972, § 5.1-4(n); Ord. No. 2001-38, 12-12-01)
Sec. 8-55. - Transient anchoring and anchorages.#
A vessel may anchor on its own anchor in the coastal waters and harbor areas of the town except in federal navigation channels, navigation fairways, shellfish transplant beds, mooring fields, swimming areas, rights-of-way ingress and egress areas, and launching ramp areas. No vessel anchored under such conditions shall be left unattended. Owners and/or operators of such vessels may go ashore, but must be available to tend the vessel in the event of heavy weather. It shall be the vessel owner's and/or operator's responsibility to remain clear of all moored vessels, and other structures. Further, all vessels in the designated anchorages must have a person on board between the hours of 1:00 a.m. and 6:00 a.m. If the vessel is anchored in Bristol Harbor, it must check in with the Harbormaster and provide the Harbormaster with the vessel name, the vessel owner's name, a cell phone number to contact in case of emergencies, and an email for contact.
(Code 1972, § 5.1-4(o); Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09; Ord. No. 2024-22, 1-15-25)
Sec. 8-56. - Failure to stop.#
It shall be a violation of this article for any person to refuse to move or stop on oral command or order of the harbormaster or assistant harbormasters operating from a patrol boat identified as such and exercising the duties lawfully assigned to him.
(Code 1972, § 5.1-4(p); Ord. No. 2001-38, 12-12-01)
Sec. 8-57. - Mooring inspections.#
(a)
All new moorings in the coastal waters and harbor areas of the town must have the chain, tackle and anchor inspected by the harbormaster or his designee prior to setting the mooring.
(b)
Every permit holder shall be required to maintain his mooring in safe condition. Any chain, shackle, swivel or other tackle which has become warped or worn by one-third its normal diameter shall be replaced. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit and shall be deemed a violation of this article. The harbormaster or his designee may inspect any moorings at any time to determine compliance with this section.
(c)
All moorings shall be inspected every other year. Odd permit numbers, shall be inspected on odd years and even permit numbers on even years, and the results of such inspection shall be reported to the harbormaster by July 1. A qualified inspector shall perform mooring inspections. The mooring inspection should be completed pursuant to the Mooring Guidelines provided by the Harbormaster or any other method approved by the harbor commission. Such inspection shall determine compliance with the mooring and mooring tackle standards of the mooring regulations of this article.
(d)
Any mooring or component of a mooring reported not in compliance with the mooring regulations shall be replaced, or repaired and re-inspected within 15 days of such notice. After a mooring and/or its mooring tackle has been deemed to violate any requirements of the mooring regulations of this article, a second mooring inspection must be completed to determine if the violation has been corrected and meets the standards detailed in the mooring regulations of this article. The results of such second mooring inspection must be reported to the harbormaster. Failure to correct the violation shall cause the mooring to be deemed not safe and shall be cause for the revocation of the mooring permit, a violation of this article, and subject to the removal of the mooring from the coastal waters and harbor areas of the town, in accordance with any provision of this article at the risk and expense of the mooring owner.
(e)
Any mooring found off position, washed ashore or sunk (mooring ball) shall be inspected by a qualified inspector before it is deemed serviceable or reset. All costs of any mooring inspection required under the provisions of this article shall be the responsibility of the mooring owner.
(f)
No boat may be placed on a mooring that does not comply with section 8-57(c). Failure to comply with mooring inspection requirements will result in forfeiture of the mooring permit.
(Code 1972, § 5.1-4(q); Ord. No. 2001-38, 12-12-01; Ord. No. 2002-32, 1-8-03; Ord. No. 2007-43, 4-16-08; Ord. No. 2009-1, 2-25-09; Ord. No. 2024-22, 1-15-25)
Sec. 8-58. - Qualified mooring inspectors.#
(a)
The harbor commission shall develop and set standards for the requirements and qualifications of mooring inspectors. The harbor commission may designate as many inspectors as it feels are necessary. Minimum requirements for mooring inspectors that the harbor commission shall consider are that an inspector must hold an active certificate as a certified SCUBA diver, and that all mooring inspectors are familiar with the minimum mooring and mooring tackle specifications of this article.
(b)
The harbor commission shall make available an application form which potential mooring inspectors must complete to be considered a designated mooring inspector. The application shall be filed with the harbor commission with the appropriate fee. The harbor commission shall determine if such applications meet the requirements to be a qualified mooring inspector for the town and shall so designate the applicant as a qualified mooring inspector able to carry the certain provisions of this article for which such activity is allowable. Qualified mooring inspectors must reapply by August 31 of each year.
(c)
The harbor commission shall keep a list of all qualified mooring inspectors and shall make this list available to all mooring permit holders.
(Code 1972, § 5.1-4(r); Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09)
Sec. 8-59. - Winter stakes.#
All winter stakes longer than four feet must be removed from the water by June 1 of each year. Winter stakes longer than four feet may not be placed back in the water until after October 31 of each year. All winter tackle must be clearly identified by the mooring permit number.
(Code 1972, § 5.1-4(s); Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09; Ord. No. 2011-20, 11-30-11)
Sec. 8-60. - Mooring permits.#
(a)
Mooring permit required. No mooring shall be located, or maintained, in the coastal waters and harbor areas of the town until a permit has been issued for the use of such moorings by the harbormaster.
(b)
Placement of moorings. The harbormaster directs the placement of the moorings within the mooring field boundaries and the harbormaster determines that mooring tackle conforms to the specifications and standards set forth in all applicable regulations and any conditions of the permit.
(c)
Transfer of mooring permits.
(1)
No mooring permit shall be sold, assigned or otherwise transferred by a permit holder. Assignments of all mooring permits shall be made only by the harbormaster's office.
(d)
Transfer of moorings.
(1)
At such time as an existing mooring becomes available for sale, the owner shall notify the harbormaster and provide proof of inspection performed within 30 days prior to the date of transfer. The harbormaster shall assign the space to the person next on the waiting list whose boat fits the mooring. The mooring owner may then sell the mooring gear in its location to this person; or, remove the mooring within ten days at the mooring owner's expense.
(2)
Notwithstanding the above provision, a private mooring may transfer to an immediate family member (brother, sister, mother, father, spouse, children or grandchildren) upon written notice to the harbormaster which shall include the name and address change. Such transfers shall be strictly limited to a one-time basis to those individuals holding a valid permit on the date that the CRMC approves the Town of Bristol harbor management plan and Harbor Ordinances. No immediate family member to whom a private mooring is transferred shall then be allowed to transfer that private mooring under any circumstance. Thereafter, all private moorings that are forfeited by or not renewed by a holder of a valid mooring permit shall be made available to individuals on the waiting list.
(3)
No existing private mooring shall be allowed to transfer to a commercial mooring without prior authorization from the harbormaster.
(4)
If more than five commercial moorings (held by the same entity) become available for sale, they shall not transfer without the review and approval of the harbor commission. The standard for review shall be the ability of the proposed new owner to comply with the requirements of section 300.4.E.1 (a) and (b) of the state coastal resources management program as they relate to the provision of sanitary facilities and parking and any additional requirements of the harbor commission.
(e)
New moorings. Available spaces for new moorings shall be assigned by the harbormaster to the person next on the waiting list whose boat fits the space.
(f)
Increase in boat size. Mooring permit holders who plan to put a larger boat on their mooring must file an application form with the harbormaster to receive his authorization. Failure to comply with this regulation can result in forfeiture of the mooring permit.
(g)
Request for a mooring permit.
(1)
To be eligible for a new mooring permit, an applicant must own a boat for which a private mooring permit is being sought, or be a commercial mooring operator or apply for a one-year grace period to purchase a boat. If a grace period is granted, mooring tackle must be installed and all fees paid during the grace period. A boat registered to the permit holder must occupy the mooring in the year following the grace period or the mooring permit will be forfeited.
(2)
All requests for mooring permits shall be submitted to the harbormaster on the application forms provided by the harbormaster.
(3)
An application shall be accompanied by the appropriate fee and shall be received in the office of the harbormaster.
(4)
A complete and accurate mooring permit application must be submitted before the harbormaster can act to approve or deny such application.
(5)
The harbormaster shall determine if a mooring permit can be issued only after all provisions of the harbor management plan, this article and all applicable regulations are met; provided that mooring space is available.
(6)
Mooring tackle must be installed and confirmation received to the harbormaster within 15 days from the date of approval or said mooring permit shall be forfeited.
(7)
A mooring permit holder shall be eligible for a one season grace period by notifying the harbormasters office in writing by July 1 of the year in which the grace period is requested.
(h)
Permit renewals—Moorings.
(1)
Permits shall be renewed annually.
(2)
Applications for renewals of a valid mooring permit shall be submitted to the harbormaster on the online marine database and website maintained by the harbormaster.
(3)
The Harbormaster shall email notification for the renewal of permits by January 1 of each year to those persons who held valid mooring permits the previous year, to the email address listed on the mooring database.
(4)
A renewal application, accompanied by the appropriate fee and a current boat's registration or documentation, excluding commercial moorings, must be uploaded the online marine database by February 1. After February 1 a late fee of $50.00 will be applied for applications received through February 15. After February 15 the mooring permit is forfeited, and if a mooring permit is reinstated, an additional fee of $100.00 shall be applied. A forfeiture letter will be sent to the mooring permit holder via certified mail with an appeal form to the Harbor Commission according to section 8-67(a). The mooring shall then be removed by the harbormaster at the owner's expense.
(5)
It shall be the responsibility of the mooring permit holder to make sure that the harbormaster has the correct email for the permit holder in the online marine database at all times, and to notify the harbormaster of any change of email address.
(6)
If a mooring permit holder has not received an email to renew a permit, it is their responsibility to contact the harbormaster's office.
(7)
Upon receipt of the complete renewal application and fee, the harbormaster's office shall forward to the permit holder a mooring and boat sticker which shall be affixed to the mooring buoy and stern of the boat assigned to the mooring permit so that it is visible at all times.
(i)
Relocation of existing permitted mooring.
(1)
All requests for relocation of existing permitted moorings must be submitted to the harbormaster. Information for such a request must meet the requirements listed for a mooring permit application, as well as show proof of a valid mooring permit issued for the previous or current year. The reasons for a mooring relocation must be clearly stated in the request.
(2)
Action on the relocation request will be taken by the harbormaster based upon availability of space, the requirements of this chapter, and the type and size characteristics of the vessel.
(3)
Any request received by the harbormaster that is not complete shall be returned to the applicant and no action will be taken on the request.
(j)
Failure to renew an existing valid mooring permit. Failure to renew an existing valid mooring permit in accordance with the provisions of these regulations shall result in the permitted owner's abandonment of all his privileges in the previously permitted mooring space. Upon the written request of the harbormaster the permit holder shall immediately remove the mooring tackle from the mooring space. If the permit holder does not remove the mooring tackle within 30 days of the written request, the harbormaster may remove the now abandoned mooring tackle at the permit holder's expense.
(k)
Forfeiture of mooring space. Any permit holder shall be deemed to have forfeited his mooring space by reason of any one of the following:
(1)
Failure to comply with any of the requirements of this chapter;
(2)
Removal of mooring and mooring tackle and notification to the harbormaster that the mooring has been forfeited;
(3)
Failure to respond to the harbormaster's notice that (i) the mooring does not comply with the mooring tackle standard's set forth in this chapter and all applicable regulations, or (ii) that the mooring has been displaced or moved from its permitted location without approval.
(4)
Failure to display the mooring sticker on the mooring buoy and boat.
(5)
Failure to resurface, repair or replace mooring tackle within 60 days after being advised to do so by the harbormaster.
(l)
Removal of mooring from forfeited mooring space. The harbormaster shall send a letter, by registered mail, to the mooring owner advising of the reason for forfeiture as stated above. The mooring owner shall be given ten business days to comply. If mooring has not been removed in the time frame aforementioned the harbormaster's office shall cause the mooring to be removed at the owner's expense. If a boat is tied to the mooring, the boat will also be removed and stored at the owner's expense.
(m)
Available spaces. As of June 1 of each year, the harbormaster shall determine the number of mooring permits available for mooring placement. The number of permits available shall equal the number of spaces authorized by this article, minus the sum of all acceptable mooring permit renewal applications. The available mooring permits shall be made available first to those persons whose names appear on the waiting list whose boat fits the mooring.
(n)
Waiting list. The harbormaster shall maintain a waiting list of all new applications for private and commercial mooring permits. When no mooring space is available for new or relocated moorings, applications shall be placed on the waiting list upon receipt of a completed application and fee made in accordance with this section in the order in which they are received by the harbormaster. The harbormaster shall mail the forms for the annual waiting list renewal by the first week in January. The annual waiting list fee must be received by March 15. If the annual fee is not received by the March 15 deadline the person will be removed from the waiting list. The harbormaster shall submit an updated waiting list to the harbor commission and town council twice a year on or near January 15 and July 15 and make the waiting list available for public review at all times. The waiting list shall be posted at the harbormaster's office and town hall at all times. The waiting list shall show the names of the persons desiring the mooring space, the date of application, and the area in which such space is desired for which the mooring space has been requested.
(o)
Occupancy of mooring.
(1)
No vessel shall occupy a mooring other than the one for which it has been permitted. The harbormaster shall have the authority to move or cause to be moved any vessel violating the provisions of this section, at the expense and risk of the vessel owner.
(2)
Temporary guest use—For temporary guest use of a mooring by a vessel other than the one permitted, for a period not exceeding seven days, the mooring owner, or his agent, must notify the harbormaster upon the vessel's arrival at the mooring. Upon written request by the mooring owner, the harbormaster may, for good cause, allow temporary guest use of a mooring for a period greater than seven days.
(3)
Any mooring which is not used for one year shall be considered abandoned and must be removed by its owner from the mooring area. This period may be extended if extenuating circumstances are presented to the harbormaster on a timely basis. If the owner fails to remove the mooring upon order of the harbormaster, the owner will be billed for the cost of the mooring removal and storage if applicable.
(4)
It shall be a violation for any vessel to attach, use or occupy any mooring that fails to comply with any section of this chapter.
(5)
New and existing commercial mooring permits shall have a set maximum boat length requirement determined by the harbormaster. The maximum length, once determined by the harbormaster, shall be permanently set as the length for that commercial mooring. Commercial moorings will be billed at the maximum boat size fee.
(p)
Preference to Bristol residents. In the assignment of initial mooring space and the reallocation of existing mooring space, Bristol residents shall be given priority over nonresidents. However, a nonresident shall not lose priority to a resident more than three times before such nonresident is given first priority to an appropriate mooring space unless the mooring field is within a federal navigation project that the Town of Bristol has agreed in writing to certain covenants thereto, then mooring allocations shall meet the Army Corps of Engineers requirement of open to all on a fair and equitable basis.
(q)
The rate charged for all mooring permits shall be in accordance with the fee schedule in section 11-1 of the Town Code. Bristol residents shall be entitled to two mooring permits at the residential rate. Non Bristol residents will be allowed one mooring permit in Bristol harbor or one in the Kickemuit River mooring fields. Non Bristol residents may have one additional mooring in any other mooring field. This section shall be implemented in consistency with the CRMC policy regarding a no greater than 3:1 resident to non-resident mooring allocation ratio.
(r)
Temporary moorings. The harbormaster is hereby authorized to permit moorings on a temporary basis when used in conjunction with residential waterfront property. Temporary mooring permits may not be renewed but holders of temporary permits may reapply as a new permit holder in accordance with this chapter. Temporary mooring permits shall expire at the end of one year or upon the permitting of a dock slip or permanent mooring by the permit holder, which ever comes first. All other provisions of this chapter shall apply to temporary moorings.
(s)
The harbormaster shall have the authority to remove or relocate any mooring in violation of an applicable provision of either chapter 8 or the harbor management plan.
(t)
Moorings in violation. The harbormaster shall notify a mooring permit holder of a violation by certified mail. Any mooring permit holder whose mooring has been deemed in violation must contact the harbormaster's office within fifteen days of the violation notice. No one shall remove, take, discard or dispose of any violation sticker, violation decal or violation pennant from any mooring without the permission of the Bristol Harbormaster.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2002-32, 1-8-03; Ord. No. 2004-03, 2-18-04; Ord. No. 2005-03, 2-2-05; Ord. No. 2007-43, 4-16-08; Ord. No. 2009-1, 2-25-09; Ord. No. 2011-20, 11-30-11; Ord. No. 2013-03, 2-13-13; Ord. No. 2024-22, 1-15-25)
Sec. 8-61. - Mooring permit application requirements.#
(a)
All applications for mooring permits shall contain such information as requested by the harbormaster, and in the least, the following information:
(1)
Name, address, telephone number (home and office), and e-mail address (if applicable) of owner;
(2)
Vessel name, active registration number, hull identification number (HIN), length (feet), type, and color and documentation number of the boat to be on the mooring;
(3)
Proof of ownership of the vessel;
(4)
Emergency contact name and telephone;
(5)
Mooring classification, actual anchor weight, mooring type;
(6)
Appropriate registration fee;
(7)
Type of marine sanitation device, if any, and need for pumpout boat pennant (please note that all boats with type 3 MSDs are required to utilize the town's mooring pumpout boat service and must have a pennant);
(8)
Area(s) where applicant would like to locate mooring, prioritized;
(9)
Proof of waterfront property ownership, if applicable, must include utility bill, plat map and drivers license; and
(10)
Proof of residency (driver's license).
(b)
The harbormaster may, from time to time, amend the mooring permit application.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2007-43, 4-16-08)
Sec. 8-62. - Mooring placement and siting.#
(a)
Moorings associated with residential waterfront properties. Moorings used in conjunction with residential waterfront property are allowed to be placed in the coastal waters and harbors areas of the town in those waters immediately adjacent to the upland residential waterfront property with the exception of shellfish transplant areas. The mooring permit holder must comply with all mooring permit application requirements and receive a mooring permit from the town as described herein, and the mooring must meet all mooring tackle standards and inspections as set forth in this chapter and any applicable regulations before such placement will be permitted. Up to two moorings may be placed in the general vicinity of each residential waterfront property in accordance with this subsection. All mooring placements, including temporary moorings, shall be in accordance with the harbor management plan.
(b)
Mooring field siting standards. All designated mooring fields sited within the coastal waters and harbor areas of the town shall be setback a minimum distance:
(1)
From riparian moorings and shoreline rights-of-way that which is sufficient to allow ingress and egress and to prevent interference with the exercise of private and public rights.
(2)
Fifty feet from all residential or commercial docks, piers, floats and public launching ramps.
(c)
Public mooring areas shall be setback from Federal Navigation projects at least three times the U.S. Army Corps of Engineers authorized project depth from federal navigational projects.
(d)
Moorings shall be prohibited in federal navigation projects.
(e)
All new and significantly expanded mooring fields shall be sited to ensure that tides and currents aid in flushing the mooring area.
(f)
All new and significantly expanded mooring areas shall be sited to avoid adverse effects on water quality.
(g)
Mooring areas shall be sited so as to not substantially interfere with designated shellfish management areas, traditional fishing grounds, public recreational areas and conservation areas.
(h)
Mooring area shall be sited so as to not significantly effect finfish and or shellfish resources, wetlands, submerged aquatic vegetation and aquatic habitat.
(i)
Mooring areas shall be adequately serviced by pump out facilities that are accessible, operational, and maintained.
(j)
Pumpout service shall be provided on a published scheduled basis for all moorings and town dock slips.
(k)
Live aboard activity (such as that which occurs with destination type mooring fields and sheltered harbors) is prohibited in all SA waters. The harbormaster shall make annual assessments in order to confirm that the use of moorings does not include live aboard activity.
(l)
All harbor activities shall be managed in accordance with the regulations, statements, and ordinances contained in the town's harbor management plan.
(m)
Mooring field designations. Certain waters of the town shall be designated as mooring fields. Those waters authorized for the placement of permitted moorings shall be located in accordance with all policies of the town's harbor management plan, the policies and requirements of the coastal resources management council's guidelines for the development of municipal harbor management plans, and the CRMC's management procedures for siting mooring fields. All moorings shall be placed within the perimeters of each mooring field so that the scope of each mooring and vessel do not extend beyond the mooring field boundaries. Any revisions to the size, and/or location of these mooring field designations shall require the approval of the harbor commission, the town council, and the coastal resources management council before the revisions may take effect.
(n)
Maximum number of moorings. Based on the findings of the harbor management plan and study conducted in October 2001, there shall be a maximum number of moorings in the Bristol harbor mooring field and in the Kickemuit River mooring field. In the Bristol harbor mooring field, the maximum number of moorings shall be set at 525. In the Kickemuit River mooring fields (north and south), the maximum number of moorings shall be set at 180.
(o)
Maximum number of commercial moorings. Commercial moorings are allowed only in mooring fields 2 and 3 as defined in the harbor management plan. The maximum number of commercial moorings allowed in the above mentioned mooring fields shall be 30 percent of the total mooring spaces authorized. No one entity or affiliate shall own more than 15 of the total allowable commercial moorings. Any entity owning more than five commercial moorings must have direct waterfront access and be able to provide sanitary facilities and adequate parking as prescribed by the Coastal Resource Management Program (R.I. CRMP) Section 300.4.E.1 (h) & (k). Notwithstanding the forgoing limits, holders of commercial mooring permits who exceed 15 prior to November 1, 2007 shall be allowed to retain those permits, however, ownership is not transferable at any time to any other entity or affiliate. In the case of the purchase of an entity that holds commercial mooring permits the purchaser shall be given first priority to apply for permits to retain the commercial moorings.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2002-32, 1-8-03; Ord. No. 2004-03, 2-18-04; Ord. No. 2005-03, 2-2-05; Ord. No. 2006-03, 3-29-06; Ord. No. 2007-43, 4-16-08; Ord. No. 2013-03, 2-13-13)
Sec. 8-63. - Mooring tackle specifications.#
(a)
Moorings and mooring tackle shall meet the minimum standards set forth in all applicable regulations available at the harbormaster's office and the following:
(1)
The minimum length of the pennant should be 2½ times the distance from the bow chock to the water plus the distance from the bow chock to the mooring cleat or post. The maximum length shall not exceed three-fourths the length of the boat.
(2)
All pennant lines running through a chock or any other object where chafing may occur should have adequate chafe-guards.
(3)
The total scope of the chain should be 2½ times the depth of the water at high tide. The bottom and top chain should each consist of approximately 50 percent of the scope.
(4)
All shackles, swivels, and other hardware used in the mooring hookup should be proportional in size to the chain used.
(5)
All shackles should be properly seized.
(6)
Only mushroom anchors, or equivalent, will be acceptable on permanent moorings unless otherwise authorized by the harbormaster.
(7)
The minimum distance between any two moored vessels shall be determined by the harbormaster.
(8)
The harbormaster may approve informal variances to mooring tackle specifications, other than those minimum standards described herein, for specific cases if such specifications are inappropriate for the area in which a mooring will be located. The harbormaster must file such variance with the harbor commission.
(b)
The harbormaster may approve informal variances to mooring tackle specifications, other than those minimum standards described herein, for specific cases if such specifications are inappropriate for the area in which a mooring will be located. The harbormaster must file such variance with the harbor commission.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2007-43, 4-16-08)
Sec. 8-64. - Permitting of slips at town docks.#
(a)
Permit required for use of slips at town docks. No vessel shall use a slip at a town dock until a permit has been issued for the use of such slip by the harbormaster. To be eligible for a dock permit, an applicant must, be a resident of the Town of Bristol, and own a boat for which the dock permit is being sought.
(1)
All requests for dock permits shall be submitted to the harbormaster on the application forms provided by the harbormaster.
(2)
An application shall be accompanied by the appropriate fee and shall be received in the office of the harbormaster.
(3)
A complete and accurate dock permit application must be submitted before the harbormaster can act to approve or deny such application.
(4)
The harbormaster shall determine if a dock permit can be issued only after all provisions of the harbor management plan, this chapter and all applicable regulations are met; provided that dock space is available.
(5)
Applications by a Bristol resident for annual commercial dock permits, other than permit renewals, shall be submitted to the harbormaster, in person, by January 1 of each year. Applications shall be accompanied by the appropriate fee, proof of Bristol residency, current commercial license or business certificate and proof of commercial sales from said license or business certificate for a minimum of 20 days during the previous season. In addition, applications for commercial marine business owner dock permits shall be accompanied by proof of a Bristol-based marine business ownership.
(6)
Application for an annual commercial marine business, which is based in Bristol and the owner lives elsewhere, the dock permit application must be presented, in person, to the harbor commission for the initial approval. The applications must be complete and accurate, and include all the support documents defined in section 8-64(a)(5), before the harbor commission can act to approve or deny such application. After approval by the harbor commission, the application shall be submitted to the harbormaster.
(b)
Permit renewals—Docks.
(1)
Recreational dock permits shall be valid seasonally from April 15 to November 15 of each year. Recreational dock permits must be renewed on or before February 1 of each year.
(2)
Applications for renewals of a valid recreational dock permit shall be submitted to the harbormaster on the application forms provided by the harbormaster.
(3)
The harbormaster shall email a notice for the renewal of recreational dock permits by the first week in January of each year to those persons who held valid recreational dock permits the previous year, to the email address listed on their last recreational dock permit.
(4)
A renewal application for a recreational dock permit, accompanied by the appropriate fee, current boat registration or documentation, vehicle registration, boat insurance and proof of residency, must be uploaded into the online marine database system by February 1. After February 1 a late fee of $50.00 will be applied until the February 15 deadline. After February 15 the dock permit is forfeited and if a dock permit is reinstated, an additional fee of $100.00 shall be applied. A forfeiture letter will be sent to the dock permit holder via certified mail with an appeal form to the harbor commission according to section 8-67(a).
(5)
It shall be the responsibility of the permit holder to make sure that the Harbormaster has the correct email for the permit holder in the online marine database at all times, and to notify the harbormaster of any change of email address or vessel size related to any dock permit.
(6)
Commercial marine business dock permits shall be valid annually from June 1 through May 31. Commercial dock permits must be renewed in full on or before March 1. A renewal application for a commercial dock permit, accompanied by the appropriate fee, proof of marine business ownership, current boat registration or documentation, vehicle registration, and boat insurance. must be uploaded into the online mooring system by March 1. After March 1 a late fee of $50.00 will be applied until the March 15 deadline and if a dock permit is reinstated, an additional fee of $100.00 shall be applied. After March 15 the dock permit is forfeited. A forfeiture letter will be sent to the dock permit holder via certified mail with an appeal form to the harbor commission according to section 8-67(a).
(7)
It shall be the responsibility of any commercial fishing boat permit holder to make sure that the Harbormaster has the correct email for the permit holder in the online marine database at all times, and to notify the harbormaster of any change of email address or vessel size related to any dock permit.
(8)
The harbormaster shall email a notice for the renewal of commercial fishing boat dock permits by January 1 of each year to those persons who held valid commercial fishing boat dock permits on December 15 of the previous year, to the email address listed on the last commercial dock permit.
(9)
A renewal application for a commercial fishing dock permit accompanied by a nonrefundable deposit of $100.00 must be filed, in person, on the application forms provided by the Harbormaster, at the Harbormaster's office by March 1. The balance of payment shall be due by June 1, along with proof of Bristol residency, current commercial fishing license or business certificate, proof of marine business ownership and proof of commercial sales from said license or business certificate for a minimum of 20 days during the previous season. If the renewal application and payment are not completed by June 1, the commercial dock permit is forfeited. On or about June 2 notice of forfeiture accompanied by an appeals form will be sent to the commercial dock permit holder via certified mail according to section 8-67(a).
(10)
Any commercial dock permit holder who wishes to convert a slip to recreational dock permit, must apply for a recreational dock permit in accordance with this section.
(c)
Transfer of dock permits is prohibited. No dock permit shall be sold, assigned or otherwise transferred by a permit holder.
(d)
Failure to renew an existing dock slip permit. Failure to renew an existing dock slip permit by March 1 for recreational and June 1 for commercial permits shall result in the permit holder's abandonment of all his privileges in the previously permitted dock slip. Upon being notified by certified letter from the harbormaster, the permit holder shall remove the vessel from the dock slip. If the permit holder does not remove the vessel within ten days of the written request, the harbormaster may remove vessel at the permit holder's expense.
(e)
Forfeiture of dock slip. A town dock permit shall be deemed forfeited by reason of anyone of the following:
(1)
Failure to comply with any of the requirements of this chapter or the dock slip rules and regulations as established by the harbor commission and approved by the town council.
(2)
Removal of vessel by vessel owner and notification to the harbormaster that the vessel has been removed and the dock slip forfeited.
(3)
Failure to notify the harbormaster of a change in the vessel's size.
(f)
Available spaces. As of April 1 of each year, the harbormaster shall determine the number of dock permits available. At Rockwell Dock, allocation of dock slips shall be equally divided (50 percent/50 percent) between commercial (i.e. fishermen and marine business owners) and recreational boaters. A maximum of ten commercial dock slips shall be designated as commercial marine business owner dock slips and the balance of the commercial dock slips shall be designated as commercial fishermen dock slips. Any unused commercial slips may be allocated to resident recreational boaters for that year. Commercial boats shall not be allowed in recreational slips.
(g)
Waiting list.
(1)
The harbormaster shall maintain a waiting list of all applications for private and commercial dock permits. When an appropriate dock slip is not available, the applicant shall be placed on the waiting list upon receipt of a completed application and fee made in accordance with this chapter in the order in which they are received by the harbormaster. The harbormaster shall email the notification for the annual waiting list renewal by the first week in February. The annual waiting list fee must be received by March 15. If the annual fee is not received by the March 15 deadline the person will be removed from the waiting list. The waiting list fee shall be paid online using the online marine database system. The waiting list can be accessed on the Town Website on the Harbor Department page. It shall be the responsibility of any waiting list applicant to make sure that the Harbormaster has the correct email for the applicant in the online marine database at all times, and to notify the harbormaster of any change of email address or vessel size related to any dock permit
(2)
A one-year grace period may be requested by an individual who has been notified by the harbormaster's office that there is a dock slip available. The harbormaster's office shall offer the available slip to the next appropriate applicant on the waiting list for the year grace period only. To request a one-year grace period, a dock permit holder must notify the harbormaster's office in writing by February 28.
(h)
Occupancy of a dock slip. No vessel shall occupy a dock slip other than the one for which it has been permitted. The harbormaster shall have the authority to remove, move or cause to be moved any vessel, for justifiable cause, at the expense and risk of the vessel owner. Dock permit holders must notify the harbormaster in writing if the dock slip will be vacant for a period greater than 14 consecutive days. If a vessel is going to be out of the slip for 56 consecutive days, then the harbormaster shall place the permit holder into a one-year grace period and failure to register and place the vessel back into the slip during the next season shall result in forfeiture of the dock. Nothing is allowed to be stored on town docks unless it is stored in a manner approved by the harbormaster.
(i)
Access to permitted dock slips. Church Street Marina will be an electronic keyless entry. The Gate will automatically lock at 9:00 p.m. to 6:00 a.m. daily, unless otherwise deemed necessary by the Harbormaster. The gate will unlock daily from 6:00 a.m. to 9:00 p.m. for public access. One key fob per slip holder shall be issued by the harbormaster for each slip holder. Rockwell Dock will have the same keyless entry system installed during the future capital improvement project. No unauthorized persons shall be allowed through the secured gates.
(j)
Winter dock permits. Except for holders of valid commercial dock permits, applications for winter dock permits for the period from November 15 to April 1 are required and shall be submitted to the harbormaster on forms provided by the harbormaster. The application shall be accompanied by the appropriate fee defined in section 11-1 of the Town Code. All other requirements of section 8-64 of this chapter apply for submitting the application. Using a vessel during the winter dock permit period as a residence is prohibited.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2002-32, 1-8-03; Ord. No. 2007-43, 4-16-08; Ord. No. 2009-1, 2-25-09; Ord. No. 2011-20, 11-30-11; Ord. No. 2024-22, 1-15-25)
Sec. 8-65. - Records and numbering.#
(a)
The harbormaster shall keep a detailed record of all moorings and dock slips and their location based on a current harbor management plan. The records shall include the owner's name, home and business address, telephone number(s), permit number and mooring number, the date the mooring was placed, last mooring inspection date, and all vessel data.
(b)
Each mooring located in the Town of Bristol, once permitted, shall be assigned a mooring number by the harbormaster. The number will be displayed in contrasting color in two places on each mooring buoy or pick-up float in block letters at least three inches in height. Winter stakes shall be numbered with the same number as the mooring. Any mooring or winter stake not displaying a registration number will be considered a not-permitted mooring and will be removed in accordance with any provision of this article.
(c)
Mooring permit stickers, supplied by the harbormaster's office, after the permit has been renewed, are required on both the mooring float and on the vessel's upper right corner of the transom.
(d)
Dock stickers supplied by the harbormaster's office, after the permit has been renewed, are required on the vessel's upper right corner of the transom.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2007-43, 4-16-08; Ord. No. 2011-20, 11-30-11)
Sec. 8-66. - Additional requirements for commercial mooring permits.#
(a)
Commercial mooring permit holders must submit to the harbormaster a breakdown by mooring with the following information:
(1)
Vessel name, registration number, length, breadth, draft, type and color;
(2)
Name and phone number of boat owner;
(3)
Type of MSD, if any;
(4)
Mooring classification, actual mooring weight.
(b)
Upon initial submission of the above information to the harbormaster, each commercial mooring permit holder must submit an annual report with the information required above and shall prepare and submit a plan that details the use and layout of those commercial moorings permitted within a town mooring field by April 1 of each year. For moorings that are rented after April 1, the commercial mooring permit holder must notify the harbormaster within one week of assigning the rental and supply the information requested above.
(c)
Failure to notify the harbormaster on renter of commercial mooring will result in forfeiture of the mooring.
(Code 1972, § 5.1-4(t); Ord. No. 2001-38, 12-12-01; Ord. No. 2007-43, 4-16-08; Ord. No. 2024-22, 1-15-25)
Sec. 8-67. - Appeals to the harbor commission.#
(a)
Any decision made by the harbormaster pursuant to chapter 8 of this Code, may be appealed to the harbor commission. An appeals form may be obtained at the harbormaster's office and must be completed and filed with the town clerk's office within ten working days of the decision by the harbormaster's office.
(b)
All appeals taken pursuant to this section shall be heard by a panel consisting of not less than a quorum of the harbor commission and shall be heard on a de novo basis. Further, a tape or stenographic recording shall be made of the appeal.
(c)
All decisions shall be in writing and shall contain appropriate findings of fact.
(Ord. No. 2005-58, 1-5-06; Ord. No. 2007-43, 4-16-08)
Sec. 8-68. - Appeals to the zoning board.#
(a)
All decisions made by the harbor commission pursuant to section 8-67 of this Code may be appealed to the zoning board of review.
(b)
All appeals taken pursuant to this section shall be made in accordance with section 28-410 of this Code, and shall be based on the record before the harbor commission.
(c)
A decision of the harbor commission shall only be overturned by the zoning board of review upon a finding of:
(1)
Prejudicial procedural error;
(2)
Clear error; or
(3)
Lack of support by sufficient evidence in the record.
(Ord. No. 2005-58, 1-5-06)
Sec. 8-69. - Permitting of outhauls.#
(a)
Applicability. An outhaul is defined as a nonsingle-point anchoring device, for the purpose of securing a boat in tidal water and retrieving it from shore.
(1)
Applications for outhaul permits shall be submitted to the harbormaster.
(2)
Except as provided below, an outhaul(s) is/are to be permitted to the contiguous waterfront property owner.
(3)
Up to two outhauls may be allowed per waterfront property
(4)
Outhauls are not permitted on properties which contain a recreational boating facility.
(5)
Outhaul permits are issued only consistent with the RICRMP, including the provisions of 300.18.
(6)
Outhaul permits acknowledge that the CRMP retains the authority to revoke any permits issued by the harbormaster's office if it finds that such permit conflicts with the RICRMP.
(7)
From November 15 to April 15, when the device on an annual basis is not securing a boat, the outhaul cabling system must be removed.
(8)
Outhauls may be "grandfathered" in their current location upon annual Harbormaster documentation that such outhauls have been in contiguous use at such location since 2004. and, the contiguous property owner(s) agree in writing to such, however, such "grandfathering" is extinguished whenever a recreational boating facility is approved at the location.
(b)
Permitting process.
(1)
A property owner or someone who has received written permission from a property owner may obtain an outhaul application from the harbormaster. The application must be completed and returned to the harbormaster's office with an application fee of $5.00. If the outhaul is being permitted to the owner of the property, proof of ownership must be accompanied with the application and fee. A copy of the property's tax bill will be the only proof accepted. For anyone else seeking a permit, a notarized letter from the property owner will be required.
(2)
The annual fee for outhauls shall be $25.00.
(c)
Renewal process.
(1)
Outhaul permits shall be valid seasonally from April 15 to November 15 of each year. Outhaul permits must be renewed on or before February 1.
(2)
Applications for renewals of a valid outhaul permit shall be submitted to the harbormaster on the application forms provided by the harbormaster.
(3)
The harbormaster shall mail a notice for the renewal of outhaul permits by January 1 of each year to those persons who held valid outhaul permits on November 15 of the same year, to the address listed on their last outhaul permit.
(4)
A renewal application for an outhaul permit, accompanied by the appropriate fee and proof of residency, must be received by February 1, in person, at the harbormaster's office. After February 1, a late fee of $50.00 will be applied until February 15. If the renewal application and payment are not received by February 15 at the harbormaster's office, the outhaul permit is forfeited. On or about February 16 notice of forfeiture, accompanied by an appeals form, will be sent to the recreational permit holder via certified mail according to section 8-67(a).
(5)
It shall be the responsibility of the permit holder to notify the harbormaster of any change of address or vessel size.
(d)
Outhaul specifications.
(1)
All outhauls must be located as close as possible to the centerline of the property.
(2)
Maximum boat size allowed shall be 14 feet if unpowered and ten feet if powered.
(3)
Minimum tackle size shall be two inches galvanized iron pipe on the outboard end. The pipe shall extend at least four feet above the mean high tide level. The inboard end of the outhaul system shall be placed above the mean high tide line with allowances to public access at low tide. The minimum line size will be three-eighths inch with an appropriately sized pulley. All boats must be fastened at the bow and stern. The harbormasters office shall provide a plaque to be placed on the outboard end of the outhaul facing seaward. A sticker showing the outhaul's number and expiration date of the permit placed on the plaque will identify the outhaul. Tackle requirements may be adjusted at the reasonable discretion of the harbormaster.
(4)
Outhauls shall be inspected by June 1 in years ending in a 5 or 0 by a qualified mooring inspector. Reporting on the inspections shall be identical to that of mooring inspections.
(5)
Over all length of the outhaul cannot exceed 50 feet seaward of mean high water without approval of the harbormaster.
(Ord. No. 2009-1, 2-25-09; Ord. No. 2010-14, 9-15-10; Ord. No. 2011-20, 11-30-11)
Sec. 8-70. - Permitting of dinghy spaces.#
(a)
Definition. For this section a dinghy includes with limitation all non-motorized smallcraft, such as a rowboat, paddlecraft, kayak, or sailboard.
(b)
Permit required for dinghy space at any public shoreline right-of-way designated by the harbormaster. No dinghy shall be placed at these designated areas until a permit has been issued for the use of such space by the harbormaster. Available space on the dinghy racks shall be permitted on a first come, first serve basis. Rental fees shall be established by the town council.
(1)
All requests for a dinghy space permit shall be submitted to the harbormaster on the application forms provided by the harbormaster and shall be accompanied by a photo of the dinghy and the appropriate fees.
(2)
A complete and accurate dinghy space permit application must be submitted before the harbormaster can act to approve or deny such application.
(3)
The harbormaster shall determine if a dinghy space permit can be issued only after all provisions of this chapter and all applicable regulations are met; provided that dinghy space is available.
(c)
Preference to Bristol residents. In the assignment of initial dinghy space and the reallocation of existing dinghy space, Bristol residents shall be given priority over nonresidents. However, a nonresident shall not lose priority to a resident more than three times before such nonresident is given first priority to an appropriate dinghy space.
(d)
Dinghy stickers. Dinghy stickers supplied by the harbor department, after the dinghy space permit has been issued or renewed, are required on the dinghy's upper right corner of the transom, or at the stern end of the starboard side for paddlecraft.
(e)
Placement of dinghies. Dinghies shall be kept only on the town dinghy racks at the above designated areas of town property from April 1 to November 15 of each year. Between November 16 and March 31 dinghy storage at these locations is prohibited. Dinghy placement is prohibited on any other areas of the public shoreline right-of-ways designated by the Harbormaster mentioned above.
(1)
Dinghies must be stored in the numbered space assigned by the harbor department.
(2)
Modifications to the town dinghy racks by a permit holder are prohibited.
(3)
All dinghies must be secured with chain or cable and locks.
(f)
Size of dinghies allowed. The maximum size of dinghies allowed shall be 13 feet long and 58-inch beam. By special permission from the harbor department, paddlecraft up to 16 feet long and three feet beam may be kept on special paddlecraft racks, if available.
(g)
Motors. Motors shall not be allowed to be kept on dinghies, or on town dinghy racks.
(h)
Dinghies in violation. Any violation of these regulations shall result in the removal of the dinghy in question to the public works yard and a charge of the designated removal and storage fee.
(i)
Liability. The Town of Bristol is not liable for any loss, or damage to, any dinghy.
(j)
Permit renewals—Dinghy spaces.
(1)
Dinghy space permits shall be renewed annually.
(2)
Dinghy space permits shall be valid seasonally from April 1 to November 15 of each year and must be renewed on or before February 1.
(3)
Applications for renewals of a valid dinghy space permit shall be submitted to the harbormaster on the application forms provided by the harbormaster.
(4)
The harbormaster shall email a notice for the renewal of dinghy space permits by January 1 of each year to those persons who held valid dinghy space permits the previous year, to the email address listed on their last dinghy space permit. It shall be the responsibility of any dinghy space permit holder to make sure that the Harbormaster has the correct email for the permit holder in the online marine database at all times, and to notify the harbormaster of any change of email address or vessel size or type.
(5)
A renewal application for a dinghy space permit, accompanied by the appropriate fee must be received by February 1 at the harbormaster's office. After February 1 the designated late fee will be applied. If a renewal application has not been received by February 15 the dinghy space permit is forfeited. A forfeiture letter will be sent to the dinghy space permit holder via certified mail with an appeal form to the harbor commission according to section 8-67(a).
(6)
It shall be the responsibility of the permit holder to notify the harbormaster of any change of email address or dinghy size related to any dinghy space permit.
(k)
Transfer of dinghy space permits is prohibited. No dinghy space permit shall be sold, assigned or otherwise transferred by a permit holder.
(l)
Failure to renew an existing dinghy space permit. Failure to renew an existing dinghy space permit by February 15 shall result in the permit holder's abandonment of all his privileges in the previously permitted dinghy space. Upon being notified by certified letter from the harbormaster, the permit holder shall remove the dinghy from the space. If the permit holder does not remove the dinghy within ten days of the written request, they will be in violation of this section and the harbormaster may remove the dinghy
(m)
Forfeiture of dinghy space permit. A dinghy space permit shall be deemed forfeited by reason of any one of the following:
(1)
Failure to comply with any of the requirements of this chapter or the dinghy space rules and regulations as established by the harbor commission and approved by the town council.
(2)
Removal of dinghy by owner and notification to the harbormaster that the dinghy has been removed and the dinghy space forfeited.
(3)
Failure to notify the harbormaster of a change in the dinghy's size.
(4)
Failure to use the space for 60 days.
(n)
Available dinghy rack spaces. As of May 1 of each year, the harbormaster shall determine the number of dinghy rack spaces available.
(o)
Waiting list.
(1)
The harbormaster shall maintain a waiting list of all applications for dinghy space permits. When an appropriate dinghy space is not available, the applicant shall be placed on the waiting list upon receipt of a completed application and fee made in accordance with this chapter in the order in which they are received by the harbormaster. The harbormaster shall mail the forms for the annual waiting list renewal by the first week in January. The annual waiting list fee $10.00 must be received by March 15. If the annual fee is not received by the March 15 deadline the person will be removed from the waiting list. The waiting list is on the Towns Webpage on the Harbor Department page.
(2)
A one-year grace period may be requested by an individual who has been notified by the harbormaster's office that there is a dinghy space available. The harbormaster's office shall offer the available dinghy space to the next appropriate applicant on the waiting list for the year grace period only. To request a one-year grace period, a dinghy space holder must notify the harbormaster's office in writing by February 1.
(Ord. No. 2011-11, 7-27-11; Ord. No. 2011-20, 11-30-11; Ord. No. 2024-22, 1-15-25)
Editor's note— Ord. No. 2011-20, adopted Nov. 30, 2011, amended § 8-70 title to read as herein set out. Former § 8-70 title pertained to dinghy racks.
Sec. 8-71. - Insurance requirement for town marina.#
Vessels shall not be permitted to dock at the Town marina unless covered by liability insurance. Vessel operators shall present proof of insurance to the harbormaster or his/her designee prior to docking at the Town marina. Such insurance shall be a comprehensive general liability policy with policy limits of not less than $250,000.00 per occurrence, naming the Town of Bristol as additional insured by endorsement, and shall be maintained continuously during all time periods for which marina usage is requested. The harbormaster or his/her designee shall refuse to permit any vessel that is not covered by insurance to dock at the Town marina. Commercial fishing vessels shall be exempt from the insurance requirement; however, commercial fishing vessels lacking insurance coverage shall be required to dock at an area designated by the harbormaster.
(Ord. No. 2024-08, 4-17-24; Ord. No. 2024-12, 6-26-24; Ord. No. 2024-22, 1-15-25)
Sec. 8-72. - Parking permits for dock holders.#
One parking permit shall be issued for each slip holder. One additional parking permit shall be issued to a commercial fishing slip holder upon providing proof to the harbormaster that the harbormaster deems sufficient to establish employment of one or more deck hand(s). No overnight parking, defined as between the hours of 11:00 p.m. and 4:00 a.m., shall be permitted in the marina (whether for Prudence Ferry, Church, State Street dock, or Thames Street) unless it is pursuant to a specially issued parking permit, as designated as determined by the harbormaster, issued for a boat equipped with sleeping accommodations, and in any case not between November 16 and April 14. Off-season overnight parking at the Marina Ferry Dock parking lot shall be permitted pursuant to section 16-382. Any misuse of the parking provided by permit issued hereunder shall result in forfeiture of the dock slip.
(Ord. No. 2024-22, 1-15-25; Ord. No. 2025-01, 2-26-25; Ord. No. 2025-17, 1-15-2026)
Sec. 8-73. - Dock user agreement.#
A dock user agreement in a form approved by the harbormaster shall be signed annually, when picking up her or his annual permit, by the slip holder to ensure that all applicable rules are being followed. There may be changes to this document annually by the harbormaster. This will be signed by the permit holder when picking up permits.
(Ord. No. 2024-22, 1-15-25)
Sec. 8-74. - Dock/mooring forfeiture.#
During non-renewal periods defined as April 1 to December 31, a ticket may be issued for any ordinance violation under this chapter. The penalty for a first violation shall be $150.00; for a second violation, $300.00; and for a third and any subsequent violation, $500.00, with each day being deemed a separate occurrence.
(Ord. No. 2024-22, 1-15-25)
Sec. 8-75. - Standard of review for forfeiture appeals.#
For any forfeiture of a dock or mooring pursuant to this chapter based on failure to comply with the provisions of this chapter, where the person subject to the forfeiture appeals the forfeiture to the harbor commission, the harbor commission shall only reverse the forfeiture if it finds that the person's failure to comply with the requirements of this chapter is not in consequence of his or her own carelessness, ignorance, inattention, or willful disregard of the requirements of this chapter, but, instead, is in consequence of some unexpected or unavoidable hindrance or accident that would cause a reasonably prudent person to have the same failure to comply under such circumstances. In the event that any forfeiture shall be reversed by the harbor commission, an additional fee of $100.00 shall be applied in addition to any late fee, for the first instance. For the reversal of any forfeiture for a second year within a ten-year period, an additional fee of $500.00 shall be applied in addition to any late fee. For the reversal of any forfeiture for a third or more year within a ten-year period, an additional fee of $100.00 shall apply in addition to any late fee.
(Ord. No. 2024-22, 1-15-25)
Sec. 8-76. - Reserved.#
Editor's note— Ord. No. 2025-17, adopted Jan. 15, 2026, repealed § 8-76, which pertained to off season parking at marina ferry dock and derived from Ord. No. 2025-01, adopted Feb. 26, 2025.
Sec. 8-77. - Independence Park Boat Ramp.#
(a)
The following restrictions shall apply to use of the Independence Park Boat Ramp:
(1)
No vehicle, truck, bus, or trailer exceeding a maximum axle load of 32,000 pounds shall be permitted to use the Independence Park Boat Ramp.
(2)
No vehicle, truck, bus, or trailer, other than those with rubber tires, shall be permitted to use the Independence Park Boat Ramp.
(3)
No vessels or equipment, including, but not limited to, landing craft, bow ramps, external ramps, gangways, and grounded vessels/barges, shall be permitted to use the Independence Park Boat Ramp, unless permission is granted by the Harbormaster.
(b)
Any person found in violation of this section shall be fined $500.00.
(c)
The provisions of this section shall be enforced by the police department.
(Ord. No. 2025-08, 5-28-25)
Editor's note— Ord. No. 2025-08, adopted May 28, 2025, set out provisions intended for use as § 8-76. Inasmuch as there were already provisions so designated, said section has been codified herein as § 8-77 at the town's direction.
Secs. 8-78—8-90. - Reserved.#
ARTICLE III. - HARBOR COMMISSION ADVISORY COMMITTEE#
Footnotes:
--- (2) --- Cross reference— Boards, commissions and committees, § 2-91 et seq.
Sec. 8-91. - Established.#
There is hereby established a harbor commission advisory committee, which shall report to and provide advice and assistance to the town harbor commission regarding policies and regulations to be established with regard to the coastal and harbor waters under the jurisdiction of the town.
(Ord. No. 1996-09, § 5.1-23, 6-26-96)
Sec. 8-92. - Membership.#
The harbor commission advisory committee shall consist of not less than three members nor more than seven members appointed by the town council to serve for three-year staggered terms. Of the first members appointed, one shall be designated to serve a one-year term, one shall be designated to serve a two-year term and a third shall be designated to serve a three-year term. If more than three members are appointed, the fourth member shall be designated to serve a two-year term and the fifth member shall be designated to serve a three-year term. Further, the members of the advisory committee shall provide for geographic representation among the different areas of the waters under the jurisdiction of the town. Therefore, at least one member of the advisory committee shall be a user of the Kickemuit River, at least one member of the advisory committee shall be a user of the downtown waterfront, and at least one member of the advisory committee shall be a user of the Poppasquash shore. If there are more than three members on the advisory committee, the additional members may be users of any geographic area, provided that at all times at least one member of the advisory committee shall represent each one of the aforementioned geographic areas.
(Ord. No. 1996-09, § 5.1-24, 6-26-96; Ord. No. 1998-27, 10-7-98; Ord. No. 2013-05, 3-27-13
Sec. 8-93. - Powers.#
The members of the harbor commission advisory committee shall serve without compensation and without voting powers on the harbor commission. The harbor commission advisory committee shall address such issues as may be referred to them by the harbor commission, and may also address issues brought up by members of the harbor commission advisory committee. The minutes of the harbor commission advisory committee, together with all reports, recommendations and advice, shall be submitted to the town harbor commission.
(Ord. No. 1996-09, § 5.1-25, 6-26-96)